Court : US Supreme Court
..... when its agents do not clothe their proceedings with those solemnities which are required by the incorporating act to enable them to bind the company, the informality of the transaction, as has been very properly urged at the bar, is itself conducive to the opinion that such act was rather considered as manifesting the terms on which they were willing to bind the company, as negotiations preparatory to a conclusive ..... when its agents do not clothe their proceedings with those solemnities which are required by the incorporating act to enable them to bind the company, the informality of the transaction is itself conducive to the opinion that such act was rather considered as manifesting the terms on which they were willing to bind the company, as negotiations preparatory to a conclusive ..... required by law for valuable purposes, and to enable these artificial bodies to act and to contract in a manner essentially different from that prescribed for them by ..... parties is plainly founded on the idea that the note of 6 september is in its legal operation a mere informal paper, which may perhaps amount to notice of an act, if such act was really performed, but which is not in itself an act of any legal obligation on the company. ..... on this account and on account of the known incapacities of a body corporate to act or speak but in the manner prescribed by law, it may well be doubted whether communications which between individuals would really constitute an agreement were viewed by the parties .....
Tag this Judgment!Court : US Supreme Court
..... 212 took from them nearly all the provisions on board the sloop, and the captain and supercargo were permitted to sell and did sell the remainder to different persons there; that the captain and supercargo made a contract with the public officers by which they were to be paid for the provisions in thirty days, but the payment was not made; that with the ..... , whether a condemnation in a foreign court as enemy's property be conclusive evidence of that fact, yet this court is prohibited by the same 25th section of the act of 1789 to consider any other question than that which respects the construction of the statute in dispute. ..... 2 enacts that "after 1 july, 1798, no clearance for a foreign voyage shall be granted to any ship or vessel owned, hired or employed wholly or in part by any person resident within the united states until a bond shall be given, in a sum equal to the value of the vessel and cargo with condition that the same shall not, during her intended voyage or before her ..... port or place within the territory of the french republic or the dependencies thereof, or to any place in the west indies or elsewhere under the acknowledged government of france, or shall be employed in any traffic or commerce with or for any person resident within the jurisdiction or under the authority of the french republic. ..... domingo requests the officers of the french navy and privateers of the republic to let pass freely the american vessel called the master, property of mr. e. .....
Tag this Judgment!Court : US Supreme Court
..... that under the equity of the treaty of peace, giving it the most liberal construction, all rights of british subjects, actually vested, not divested, were protected; and that when such rights relate to lands, the persons having such right, if not then citizens, had their whole life time to become citizens; which, if they neglected to do, their lands at their deaths would be equally subject to escheat as those of any alien ..... of that right; and besides, they cannot sell their lands till they first get possession of them; for all sales of land in this state, whereof the grantor is dispossessed, except to the person in possession, are, by express statute, void: so that the plaintiff is not barred of her title, or right of action, either at common law or by statute. ..... -and both this ordinance and this section of the act, contained in them nothing more than the principle acted on throughout the war, that americans could at no period legally act against this country, but were bound to take its part from the first hour the sword ..... and the other citizens of new-jersey; and by the principles and express rule of the commonlaw, such persons never can be aliens, though a change of sovereigns should take place, and distinct governments be formed; for as on the one hand, the duty of natural allegiance accruing at birth, adheres to him though life-so on the ..... it to officers serving four years in the royal american regiments, and they now allow it to persons serving three years in their navy. .....
Tag this Judgment!Court : US Supreme Court
..... , and an office had actually been found thereof, saving, however, to a certain john lambert, who, as heir at law to the said george harmer, claims the said lands, and to all and every other person or persons, bodies politic and corporate (other than the commonwealth) any right, title or interest, which he or they might or would have had in or to the said lands, or any part thereof, against the said children ..... lord hardwicke and lord mansfield that where a general devise of land is narrowed down to an estate for life, the intention of the testator is commonly defeated because people do not distinguish between real and personal property, and indeed "common sense would never teach a man the difference," and therefore judges have endeavored to make the word "estate" in a will amount to a devise of the whole interest unless ..... of the commonwealth of virginia, being perfectly well and of sound mind and memory, do make and ordain my last will and testament in manner and form following, that is to say all the estate, both real and personal, that i possess or am entitled to in the commonwealth of virginia i hereby give and devise unto my friend thomas mann randolph of tuckabo, and henry tazewell, of the city of williamsburgh, in trust, upon these ..... find that in the december session, 1798, the general assembly of virginia passed an act which we find at large in these words:" " an act vesting in the children of george gilmer deceased, certain lands therein mentioned (passed ..... section ..... section .....
Tag this Judgment!Court : US Supreme Court
..... by the 10th article of the bill of rights of virginia it is declared that all warrants to seize any person whose offense is not particularly described, and supported by evidence, are grievous and oppressive, and ought not to be granted. ..... the discharge of the prisoner from confinement, the warrant being illegal, does not prevent the justices proceeding de novo, if the prisoner is really a person of ill fame, and who ought to find sureties for his good behavior. ..... if the prisoner is really a person of ill fame, and ought to find sureties for his good behavior, the justices may proceed de novo, and take care that their proceedings are regular. ..... county, to the marshal of the district, and all and singular the constables, and other officers of the said county, greeting:" "forasmuch as we are given to understand from the information, testimony, and complaint of many credible persons that john a. ..... there is some obscurity in the act of congress, and some doubts were entertained by the court as to the construction of the constitution. .....
Tag this Judgment!Court : US Supreme Court
..... 465 island of jamaica (being a court of competent jurisdiction in all matters of prize) alleging and charging that the said schooner mercator and cargo were the property of france or of the king of spain, or of some person or persons being subjects of france or of the king of spain, or inhabiting within some of the territories of france, or of the king of spain, and were good and lawful prize, inasmuch as hostility and war then notoriously ..... to the contrary) at the time of his meeting and taking possession of the said schooner mercator as aforesaid, nor has it so appeared at any time since, that the said jared shattuck, the libellant, had by any lawful act of expatriation or otherwise at any time become a subject or citizen of any other government or nation and ceased to be a citizen of the said united states, owing fidelity and allegiance thereunto, but admitting it to be true that ..... and so it is, may it please your honor, that neither the said william maley nor any person or persons acting under him have brought the said schooner mercator or her cargo, to legal adjudication in any court of the united states ..... , the said schooner mercator was met with by a certain schooner, called the experiment, a public armed vessel belonging to the government of the united states of america, and commanded by william maley, a lieutenant in the navy of the said united states, who unlawfully, and in violation of the law of nations, took possession of the said schooner mercator and put page 7 u. s. .....
Tag this Judgment!Court : US Supreme Court
..... name of the factor, and by those orders the factor is referred to the verbal communications of the general agent, who undertakes to order the tobacco to be shipped in the name of another person and declares he has authority from the foreign merchants thus to control and vary their orders, the factor is justified in obeying the new orders of the general agent, though contrary to the first ..... you to that which the bearer will communicate to you verbally respecting this business, who is sent on purpose to superintend the shipment (vasolo para presenciar la expedicion), and you will, upon the whole, act for the advantage of the interested, taking care to keep this business a secret in order to prevent a rise in your market and its being known that it is for foreigners, but always that it ..... for which reason, if it be agreeable to you and equally convenient to have the future shipments made on danish or swedish flags, and in the name of charles longhy of genoa, you acting as his agent, you may do it so by declaring in the bills of lading and invoices that the cargoes are for the account and risk of said longhy and by giving letters to ..... , in the style of a man whose approbation gave a sanction to it, and when he directs the shipments to be made in the name of charles longhy, of genoa, he says, "if you act conformably to what i have here mentioned as to further shipments, i, from this moment, approve thereof, and that it may appear, and to save you from any accident that may occur, as also .....
Tag this Judgment!Court : US Supreme Court
..... and answer, averring the sloop george to have been the property of a subject of the king of great britain at the time of capture and employed in carrying goods to the british army and navy; that the goods were imported directly or indirectly from great britain or ireland, contrary to the regulations of congress and the law of nations, the king of great britain then being at war with the ..... , or the pretended wrongs and offenses of their testator, and also for that courts maritime have not authority to intermeddle with the estates and effects, real or personal, of deceased persons, or to give relief against the same, or to seize or take the same effects or estates in execution, or to imprison the bodies of executors for the default of the testator. ..... with this opinion is the practice of the court of admiralty, not only when sitting for the trial of prizes and acting in conformity with the directions of positive law, but when sitting as an instance court and conforming to the original principles ..... the plaintiffs contend that this power over the subject is not inherent in a court of admiralty, but is given by statute, and in support of this opinion the prize acts of great britain have been referred to, which unquestionably contain regulations on this point. ..... in his chapter on the jurisdiction of the prize courts, it is expressly stated that those courts exercised their jurisdiction anterior to the prize acts, and the same opinion is expressed by lord mansfield in the case of lindo v. .....
Tag this Judgment!Court : US Supreme Court
..... this was an appeal from the sentence of the circuit court for the district of maryland, which condemned the schooner general pinkney and cargo, for breach of the act of congress prohibiting intercourse with certain ports of the island of st. ..... this act was limited to one year; but by the act of february 24, 1807, it was continued until the end of the then next session of congress, when it expired on 26 april, 1808. .....
Tag this Judgment!Court : US Supreme Court
..... of the trade to and from that colony under such licenses, it was usual and necessary for the property to appear in the said colony and at its departure therefrom as the property of a spanish subject and of the person holding the license, to be accompanied by such spanish papers as were necessary to give it that appearance, and to be cleared out as such from the port of departure in peru, such licenses not being avowedly transferable, although by observing the ..... at baltimore informing them of the capture of the vessel and that the plaintiffs had sent an agent to halifax to act in behalf of the concerned, and desiring that this information should be communicated to the underwriters, and assurances that the plaintiffs should act throughout with due regard to their respective interests. ..... although baruro might not be interested in the cargo, yet these papers, not being necessary according to the usual course of the trade, were the cause of the condemnation, and as this cause proceeded from the act of the insured, the underwriters were not liable. 3. .....
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